The Sun. — London, England, 1809-07-26 00:00:00

.., , ,Is. -,-,'.7..,-;.' ..1%, - 7 • lI.EhrFoRD •• , . _ e - mit 4Y - L.Y. 24. t.7.13:iGtf..•,-111.2. OF ASSEX, V. THE ,HON. , AND REV.. ' . - ILII A Al C A4' EL. • . FOX 14UN'l 4NG. This as' a couse tvlutir c xcited a considerable de gree of in4rtst, arld there ww; scar - rely asGantleman maily . n,ifes toutid, viho did riot attend for the purpose of hearing it. _ _ • _ _ Mr. geTrieant SttErf(Kiin addressed the Jury on the part of the Plaintiff, in' a •utost: able and • eloquent speeeha4He lamented that the Jury shouldbe called upon to decide ,a onestirn cif .titiS nature, between tWra: persons who stood in so near:a degree of rela tionship to ekti other but inastnuch as the Earl of Essex was under the necessity of bringing this action, for the, purpose of ,protecting hinisell in the enjoyment of:his property - ; and as Mr. Cape! had - sloud,torvvardas the manager and principal person of the Berkeley Hunt, he lead reudeted it absolutely necessary that he should he the first person attacked by• the . Earl of Essex... , The =complaint was, that tln. Defendant had committed altrespass in breaking and entering' his. grounds, called-Cashitkury Park, and with horses and hounds destroying the grass and herbage, and breaking' down his fences. The De fendant justified himself this Way , --he said that he had started a. fox on ground, which was not the property of the Earl of-Essex,- and that the fox bring a noxious animal; and liable to:do:mischief, fie, for the•ptirpose of killing and destroying him, and as the Most effeCtual means of doing so, broke and entered the Park with hounds and horses, and hunted the fox. The answer of the Earl of Essek to this was; that the Defendant's object was not to destroy the fox, and' that if it was so, hunting was ,not the most er!e&nal means of killing the animal.; but that, on the contrary, his motive was the amuse ment and diversion afforded by the chace. The Learned Scrjeant observed, that the objea 'professed by the Defendant in his:plea was perfettly ridiculous and absurd ; he would have it supposed; that him sell and the . G . entlrnen 'comnposing the Berkeley Bum t , had associated theinselvea, not tor their • athusement and)diversion . but for the pure..patriotic desire of destroying theSe tIQXIOUS animals. The Ilt-tentlant kvOnid . have the Jury believe, that cler omen were descending fi;om -their.pUlpits, bankers negleeang their counting-houses, breWers running away from their breweries, and all flocking from. *Landon. tor.no other purpose than to edifier - the ob ligation on the people of Herts, of freeing the.coun - tfy from boxiou,s vermin. SO far from it being their objet t'o destroy foxes, he rather thought if. they avere' to start a fox, and 'some man happening to have a Atm in his hand, was to fall iii with their patriotic Motive, And was'ta shoot tie fox, he would meet with 'but lenten entertainment. In fatt„ every one knew t'!at their objea was the diversion of the e!.at c, arid they did not care three farthings whe tht.r !! , .t lox Was killed or not, except for the triumph. of hi , brush. The objeclof looting them out of the count ,y (tor every man knew they wished to increase them) in order to hae the pleasure of running them to death ,; but to put it beyond: all doubt.in this case, lit' sha::Ll prove, that Lord Essex, as one .of the ploprietors ~f land, had employed a man to take the most etiec:ual mode of kiltiM , loxes, which as b.f• catching them 11 - 1 a trap, or shooting them with a gu n : these two modeslllr. Capel did not like, and he spoke to the man upon the subjea,but the man w..s steady, and he.went on 'shooting:wherever his. bdllets would reach-, and killing wherever his_traps would take. Mr. Capel then said; "I do : not ask you nut to destroy the foxes', but I will tell you what, I i send you a-barrel of ale to drink success to; the Berkeley Hunt." Now, when a man said to ano ther, "I du not ask you to do a •particular thing," it was generally the most eiressive way of indicat ing a wish have it done. It pin him in mind of a story at a Quaker, w,ts being on board of. a ship —a merchant ship—the 'ta i -- iaster observed to him, there was a 'French row -haat a'riidg_tow•ards them, no doubt with a design to board them ; hut, 'added tna3ter, with an appropriate-oathr two, " trio the fellow down." The,quaker said, "Oh surely 'you won't do . such a wicked thing as tode strov so many poor people'slives."—" Yes, but I , exclaimed the master.—" I would not for the world," replied the Quaker, " but I will tell . thee what,, friend, if I was inclined to do stich thing,' I- would starboard try helm." The master . did starboard the helm, and the boat was run down. '1 he Learned Serie-ant repeated, that the object of the Defendant and the Gentlemen of the Bet keley Club was to preserve foxes, in order to hunt them—, very like raising 'the de it for- the purpose of laying him. Alter some other.. general observations, he concludtid, by expressing' his perfect confidence, that the Verdi& of the Jury Would prevent a rePetis ,tion of the injury. Two witne,ses, ore of the - natne of 11 - ichatd Pugh, his Lordship's Bati;fl - ", and Lim Hollinshead, his Lordship's Game-teeper, clearly pored the fails at the case:; and- - the last wittiess distinctly stated, that he had been aslced, by the Defendant, Mr. Cape!,, not to destroy foxes., 'Lord ELLBNltonovon interrupted the - further pro gress of the cause, observing that it was aconten-; not i ,a 4a inst all nature and conviai on . .COnld it be s t ujipOsed that Gentlemen, [turned for the put=pose of kill; g vermin, and - not tor their d'i'version Could the Jury be desired to sap, upon their na . ihs, that the Detendant_ was at by any other motive than ,a desire to enjoy the pleasures of the clkace_?; . lie had wished to suffer the cause to go to a . certain _extent before he expressed hiS opinion upon the sub jed. • Even if the clogs Wereiliowed to run, was there any pretence _for saying that where the dogs did 'not go, -any person could ride and break the fences ? Tile Defendant said that be had :not com mitted the trespass tot the sake of the diversion of tr e chace, but as the only effeEtual way of killing and'clestroying the fOx; Now, could' any man of common sense hesitate in saying that the principal motive was not the killing vermin, but the sport — it as a „sport the law of the land would not justify', and there should not be a, new law of the land ac commodated to the pleasures and amusements of Geutlertien: I'he pleasures of the chace might be , aken when there wus the consent - of others who • were injured by the.•ru but they must be subser- Viei.l t. such cutisent, There might be such SCOTCH FAIRS. 'At !the W.ooilen Fair-of Ayr the sale was very brisk, at an advance of froth' a. penny to three half pence a-yard ; but we understand that this rise was nut 'equal to the great advance that has taken place on the wool . this. scason. Owing to 'Glasgow Fair being that week, the skew of horses was incOnsi:- derable.- On. Tuesday light cavalry horses were-ea gerly inquired for, and - sold well. On Wednesday, which is the day. fixed -for the borse fair., the sale was very du11... A few. good draught horses, which were in the market, brought high prices. • At St. Boswell's Fair there was a rkfiddling,sliew of cattle those in good - condition , spld readily at high prices. There was a , good shew' of sheep and lambs, which also sold readily , some of them at from 2.5; to Ss. Vet : head higher than last year. There was likewiie an excellent shew of horses, of both the saddle and draught kinds those_ good brought high prices. Tfiere Was an unusually small quantity of linen cloth, which; owing to the great demand, sold at higher prices than last year, part ieularly fine linen. At St. Sair's Fair there, was a very fine shew of black cattle, which. were almost immediately sold off, 'at very high prices; the demand being,so great that several of the dealers and others'returned from the market without being able to 1;1,u - chase, half d 4 number they wished. , POLICE. kimpuALL.--=Yesterday, a servant of Mr.- vington, hook:seller, was charged with stealing a bun- . dle of .printed paper. One of ;Ar. Rivinguasshop rnen,srated-;:that several bundles of waste paper had been missed from their cellar which put them on. the watch. On Mondar.the Prisoner „was desired to take some books to the binder's When the appear •atie of his bag t xciting suspicion, he Was pursued and detained ; the . :paper iu questiop was, toond in' the bag. ~The Prisoner begged hard for mercy, ,and liivington suggested, that the best tne.:tus to re. trieve his character, would be to volunteer "tar the Navy. He requested five mi.lutes to consult with his wife upon the subject, winch was al;owed him ; he afterwards returned and expressed a desire to'ac rept the offer which the huntantty of hiS'thater had sug - , , ested; • , Mathews,. a cheesemonger, charged his Por ter with stealing two pounds of cheese, which were fotind concealed in,bis hat. Mr.. Mathews said he had had seVerar cheese ti bro ken to pi,TeS, - which had been carried off piecemed ; and he bad suspected se veral of:his servants. It was discoVered,. that the cheese, when broken, was StoWed away in small pieces, for the convenience or carrying otf; one of tbege pieces being missed when, the- Prisoner- went. 'out to dinner, he .was pursued, brought back, and the cheese found tai his tint, The Prisbner now, de stlared, that it was thefitiit thing he , had ever Liked in his life, andhis niastercompas,,ionately agreed 0 forego pr.":secuting. • • , • NIARLBOROUGH -•STii LET, --- Yesterday, JQsepk Heat 4 was charged with obtait:ing by fake prettrices of Madame. Pitnicil six Bank Nutrs'ot ()tie Pound each. - It appeared, by the - Ita!ernent. - 01 MathLue. Parnell, whO is a Milliner and`...,ace Dealer in I3er- VP' wick-street, that the prisoner.called onlrei= on the- 10th instant; and requested -to speJk with her Wk'' '°'-' particular business. He represented - hit - 1)50f tO be a Mr. Reeves, wk).ll.2:ci r 114;h situation in. Alien Office, and walled to inform witness- that au information-had been laid against her at the , above ofEo, as being an improperterson to remain in this country. The ,prisOner: added, that he hod 'felt . terested for her, and consequently as'lol. would shut the mbuth of the malicious, informer, he had called,to apprize her of that _lad. The prosecutrix becanre • much alarthed, and, ingtienced by tear, gave the pr : super four pounds, and told keen to call again in a heW days, when the la would be made up. The pri soner departed, after having strii;tljl 'enjoined th e presecutrik not tO reveal %hat: had passed; As taalion w6uld in that case Abe at stake.' He ca led again the day before• he had appointed. Witness had slight suspicions of imposition, and a female trierid waited behind-the door, whilst she conversed with • the prisoner. He; said that he had been - througli the country` since he .last saw l,er , and there; wic great ferment and disordiA . , so that he. Was ohligL.ti to aid vigilantly. , This - ay.et ti—n added-to the tassinKtit of the proSecutpx, ;And she gave the priwner • 21..m0re towards the ten. The prisoner was to call again for the other 41. ;Nod he added he should not ex pea ,niutli for his trouble. lit. did call again, and the prosecutrix hept him in' conversation whilst goly a constable was pro,:tuCd, Who look into costoily.• Previous io the kill I, of tie constable, th prosecutrix had iti!oiriieti th:;t she must. answer to any charge' hicli might ;I gainst her, as she sticttnd not. part 1.110'4: money, the. latterintfirtno Ihr that .stie )7,140:1111 Dot five hours lon2er in this country. The. prisoner al ways retuscd to give hts address; any otherwise thoL that his country house was at Soini;xrs-town: l'htt prisoner was fully committed Last Sattirday a young Lady of an independent fortune of 20,0001. kit by an. Aunt, daughter ut ail eminent iNflerch,ant tear 1.31 - 0441 -street, d o p e d ber Father's footman.. - They itninet.Latcly tot' Gietya Green, in , a post cu. ch and touy; in order 'to be married, but ‘vtre missed• in abourtwo . bours after their departure, and pursued and:ovs , ita" ken at. an ltin in Ountingdetv, just a? ti about to proctAd ors their journey. Sall" NEIP.S. GRANFSEND, JULY 24, Arrived—the Ro:,e, Alaistiail, trout Martinique. . . • HIRT!' Lately,the Right Finn. 'Lady Lucy Anne Cas^an, of 'a . Soso' -- 414 10? ll_ W. • • - _ On Saturday morning, at the Countess De Vandreull's , l'aik.-lane, Amand De rFruyer, slii or the Count: De Frofer De Lephle, of the Royal Navy or France; to A , liss . dolaul' by, of Battersea. -------- ____.-- DIED. On Thursday last, at her tiou*e in Lamb's COnduit.stree t o Mrs. At.ne VC'lliialtis, widow or: the late Robert WillialOt Esq. formerly ot Charlestown, Souilt,Carohna. ct Un the isth ot Juty. - aoB,„tm board the DaVid Scott f; 2l- .„, Indianian, un the outward voyage to China, of A fever, hi P'a, 19th year, Charles lames Abraham, last Survivibg sou of° . late John Abraham, Lsq. of Tottenham. .I.ol\ ON:D P iin(ed by RICHARD HARRIS, of No. 4, Martlett-CLIt, Bow-street; and Prsblisited by WILLI A M Ait MIL; E R SCRIPTS, South Mlton.street, Grosvenor. q uare. At the SUN.OFy ic g, No. 11/, Strand; where Advertisements, Orders for tile Paper, Letters for the Editor, Sm. [post-paia),,Must bs addressed. sante by a hoxious animal as would justify the at.' tempt,to destroy him by -running' triM to his earth, but that would not justify the digging for him after,-, Waidatv4that had been settled by law ;• but even if !an' animal . might be pursued with -dogs, it did not follow that fitly or , .sixty pers'on4 had therefore a, 'right to trespass on *other people's lands:. He could'. 'not see what there was in the case of •Trentliain versus Grundy, Ist Term -Reports, •to warrant the opinion that any person might follow the hounds over the lands of another. He had looked into that case, and referred to the others quoted in it. Even in the case chiefly relied on, it was stated that a man might not,- htint for his pleasure or Profit, 'but only to destroy such noxious animals as were injurious to the cOmmbp weal. Therefore the good to the put.- lic must be the governing motive: He would ask the Jury,,:whether that could have been the motive of the Defendant ? The laSt witness had expressly 'stated that he wished rather to nourish these noxious animals than destroy them. • . Mr. Serjeant-BasT, - -After what your Lordship • has said, I will not occupy the time of your Lord , ship or the Jury with one word more. Lord ELLEisiBOROLIGH.—The ' re could be nominal damages—it -is only meant to quiet a right. The Plaintiff's, Counsel tell me they will be satisfied : with nominal damages, therefore nominal &triages • will do. ; If this trespass is repeated,. it will be a different thing. . The Jury consulted a short time,•and returned a verdict for the Plaintiff, with 40 shillings damages. The" Foreman stated, that it was :the wish of the Jury to give exemplary damages, bUt understanding that his Lordship and the Plaintiff acquiesced, they had only given forty shillings. • Lord EI.:LiNBORoUGH—You do very right.to - find forty shillings ; though; in this,case, as there, is- a special justification on the record, one shilling da mages would answer the purpoSe of carrying the. costs. I.shotild,.however,- still advise the damages to be forty shillings,_ but there are seven other ac 7 tions depending, and the effe6t of. your ,verdict 'would be not to. -give one forty shillings, but forty • shillings seven times over. • One shilling damages will answer every pUrpoie, and I shall, if necessary, certify that the trespass was wilful and malicious. The-Jury then altered their verditi to one shilling datrpges. THE EARL OF ESSEX GOSLING, ESQ. This Ivas 'an a6tion of the same description, and the Defendant's Counsel Consented to have a similar verfliti recorded. The trial of this cause ;finished the Assizes. CHESTER, JULY 22. At our Quarter Sessions,. in April last, a case.of considerable 'importance to hat-manufaaurers and others, who employ a number of workmen, came before the Court. It was a prosecution at the in stance of Messrs. Thomas Phillips,. and Ca. against a hat-finisher, of the - name of Buckley, for assault ing one of their workMeti,,for,having engaged to in , strut; l their apprentices to finish hats,• and for re- 1 fusing to unite with Buckley -and . others, .in a corn bination, under the deno'rninition of Flints, to pre vent . Messrs. Thomas Phillips and Co. from taking apprentices. , • The case being made out to the satisfaolion of a . crowded Court, the Defendant was sentenced to three months' imprisonment in Lancaster Castle. In the course of the cause, Mr. SCArtLETT made I a most eloquent and impressive speech, shelving the evil tendency of combinations of all descriptions. The- Court much approved the condut. - t of the i Prosecutors, and declared they would, at all times, A protean the honest and industridus workmen from in- 1 jury and i'nault, and strongly•condenmed the com bination of servants in general against their masters. On Wednesday last, ,at our Quarter Sessions an appeal was heard- Upon a conviction against John,i Dalton and Joseph Midgley, journeymen hatters,. at Oldham, for having entered into a combination, to prevent Messrs. Henshaw, 'Barker, Bud Co. from employing one Elizabeth Johnson. •If apPeared that many of the Workmen had con spired together, to prevent the manufacturers from employing women in.their works, and that they had I entered into rules to carry their wishes into execu -1 The Court confirmed_ the •conviElions, and the prisoners -were committed to hard lab Our, in the New Bailey . Prison, for two months; and also un til they paid 211. the costs incurred, as authorised by the Ad of ParliaMent. There . . was also another prosecution against Alex r ander Stockdale for having, 'with several other journeymen;. entered into a 'combination against Alesrs. Mellor, Gee, and Kershaw, - of Olciliarn. The,oounsel for the prosecution Stated, that it was not the wish of the master manufacturers press tor the conviction - of more journeymen, as they hoped a sufficient example. would be made by the punishment of the fOrmtr two (example being their only ohjr6t) and they trusted that their le 7 niry would Ewe a prOper of e& tipon all journey men hatters, who had formed 'such a combinatif,n, particularly against women being' employed but should it hereafter appear that,the journeymen at tended their illegal meetings, or otherwiSe conduq ed themselves as they had lately done, they would all be - prosecuted with the utmost severity. The CouilT remarked strongly against the illegal proceedings of' the men, ..and ,hoped the greet mild-. riess which the hat-manufaCturers had slioWn to the journeymen, in not pressing further prosecutions, would induce them to be subordinate to their em= player's, and dissolve their meetings, which would certainly be ruinous to themselves ; and, in future, the journeymen found guilty of these combinations, would meet with a more seirere punishment.. . A Melancholy accident happened on Tuesday last on the Totness racecourse. Between the heats for the 501. , plate, - a saddle and bridle were run for by backs; when a man, rather intoxicated, attempting to cross the course while the horses were running, was unfortunately knocked down by one of them, .and so severely injured that he died next warning. He never spoke after the accident, ildt just to tell his •place of abode, and that he bad a wife and-four dren. He remained speechless afterwards till his dissolution. His melancholy end; however, did not at all interrupt he sports. , • LA W REP RF. COURT OF CHANCERY, lu 24. PEARCE V. PIPE. This is a- case :Of •Annuitants claiming their an nuities against the society which had dissolved it self, on the ground . that their fund vvere,itisuffi, cient to continue the objeals for which ' it was ori ginally fanned. It stood over for judgment 'to . thiS day. The LORD ChANCELLO3 was now pleased to de fer his final decision, until he - looked . into the ori e ginal decree of Lord. Thuilow, in the Register's Office, upon a similar subject, to which he had been referred. In all cases• like the present, of Anneity Societies, if .therebe-no radical Mistake in ehe'ori ginal, institution, fatal to their continuance, he al— ways felt .every possible inclination to give theth ef fect, as their object was, a most laudable one —ghat of securing the comforts of life; in their old age, to . those, who, in their former lives, were highly uSe ful both to themselves and the community. To carry this object into -effeet,ethe'briginal subscription; iu the present .instance, was entered into, for the avowed. purpose of producing a capital, the interest arising trona which- Wes- to be adequate to the payment of the annuities .as they should arise; and it was then supposed, -there would be such 'a mim ber of Subscribers as would be sufficient to secure the permanence of the hind. Now, without any precise knowledge in the science of calculation, it - Must, strike-the most common 'Understanding, that, to render this objea infallible, there must necessa rily be Rich n given • number of Subscribers, be their subscriptions what they might, as shOuld, in all possible events, secure such a fund. .And yet, 'in this case, they took their chance of obtaining this number, as soppusing.no dotibt, their plan' would prove so inviting as to secure that event :" and, ac cordingly,, the original Deed :of Association was ex- , ecuted. By this they haVe made themselves quasi a Corporate Body, without-their being so in realeye 'and thereby have exposed themselves toall-the in conveniences ot_ such a mistake.. The dcUlty of • carryiok any decree into effect is this ; that although, by the original articles af/Agreetnept, the Trustees, are empowered to call for further sutrseriptions, for the purpose ; of making op the deficiencies in the. fund's, will the Subscribers connee when they ,are so ' called? and, if they du nor, can they be Compelled to do so ,by this Court .? If the, capital of the Soci— ety, at the end of seven years, was foUnd cient for the payment _of the annuities then .become payable, was not this, its itself enough to alarm the Subscribers, especialliesuch as had lately become so, and to affect the 'fature'welfare of - the' Society ? But there was a . clause in the articles, in contemplation - Of such an evert, enabling the Trustees to .postpone 'she payment of the 'annuities, er three months.--- Now; he i thUsebe short-Sighted indeed; who coeld suppose that this measure alone could relieve the Sot cieteefrom the difficulty'. Accordingly, the last clause in the articles proVideS" that it, et-en then, ttte . funds should still :be found inadequate to the payment of th.e annuities, without trenching on the capitiat, which_ was in no case to be broken in upon, -in that. case, the Trustees were to call"upon tht Members fee such forther subscriptions as Should be agreed upon at . a General ,Meeting of the Sub , kribers, at a Meeting to be especially called - for that purpose." Now this Court can only apply a remedy according to the means, provided . by ihe.original dec.(' of association; accordingly, if there be a refusal to make a further advance at., such GrierOl Meeting, can this Court: say, this is steel] . an unreasonable- re fusal, as .that it can' enforce the payment ? The, question, therefore, conies .to, this-- . ls there not something latent in the, plan itself, deSfrudive of it self His Lordship then stated the case to which he had been referred, and which was every way si milar to the_present. It was a case in the time of Lord Tiler - low, of-a bill filed'hy certain Widows, an nuitants tinder an association, called the', Laudable: Society, tor the purpose of proyiding Annuities for the Widows of the Members. The bill then, as here, was filed against the Directors and Trustees of. the Society, and prayed, :as here, that the original agreement should be continued to be carried into ex ecution. Upon that cause comipg on to a hearing, on the 7th of Aptil, 1785, his Lordship ieas pleased to refer it, .not"to 'a Master, but Mr. Brand, to M e ' quire and report, whether the - provisions of the (e d . •gmal:deed were adequate to the -carrying it into •feetual execution ? He accorelingly _reported that the original., plan, even it Strialy complted - with, was radically defeeilve,inasmech as,theesubscriptions were, - from the beginning, top small for the pur poses intended: .Upon the cause coming on again, upon further, dirdeiuns; his Lordship dismissed the bill, but without costs ; the parties having, with greet propriety, come to an agreement, to netke,a, further subscription, so as, to carry the original tritioeinto-etfeete e t' Let this cause stand over until: Friday• in eider that may, look into the •eital of this decree. In the -Mean time, I cannot but express .my wish that. the parties here should come to 'sonic arrangement, by whiCh they might .lie.enabled to carry this institution. into effea, ,as they the case I have mentioned, much to their honour, like honest and honourable men." Thel\liiSion;tries at - Kai - ass; in Tartary; by the .circufation several small tracts-, in which the absurdities of the Koran are exposeU, and the leading doarities of the Qbspel concisely but foi cibly stated, have excited considerable sensations • over a great extent of country. The prejudices of, most, of the inhabitants against Christianity have abated ; Many have been, converted .and baptized ; and not a few have -dechtred that they would eth - - brace the new doctrine, were they not Jestraineci by the dread of their chiefs.—Several of the Ma- . hominedan doctors. also, by. - acknowledgiq • their inability td answer the abjettions urged against their' faith, have given additiunal,weight to the argumentsof their opponent's. . Monday morning as Thomas HYslop, a labourer in the West India Doclt, was working in the hold of a'ship, one of his legs -was jammed between two casks and broke. He was taken to the London Hospital, where he - had'been but a few hours be fore his child, about three years of age,, was brought in, almoSt burnt t 9 death, having been left in a roorn by itself where there Was a rile. ,They are both in a very dangerous state. •